A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
The Indiana Complaint for Partition of Real Property is a legal document filed in the Indiana court system to request the division or sale of jointly owned real estate. This complaint is typically filed when co-owners of a property cannot agree on its use, management, or disposition. Keywords: Indiana, Complaint for Partition, Real Property, legal document, jointly owned, division, sale, co-owners, use, management, disposition. There are two main types of Indiana Complaint for Partition of Real Property: 1. Complaint for Partition by Sale: This type of complaint is filed when the co-owners cannot agree on how to fairly divide the property or if the property cannot be physically divided into separate portions without reducing its value. The complaint requests the court to order the sale of the property and the proceeds to be distributed among the co-owners according to their ownership interests. 2. Complaint for Partition in Kind: This type of complaint is filed when the property can be divided into separate portions without decreasing its value. In this case, the complaint requests the court to physically divide the property among the co-owners, ensuring each party receives their respective portion. Both types of complaints aim to resolve disputes among co-owners and provide a fair outcome for all parties involved. The chosen type of complaint depends on the circumstances and feasibility of physically dividing the property. In summary, the Indiana Complaint for Partition of Real Property is a legal remedy available to co-owners of jointly owned properties in Indiana who are unable to reach an agreement. It allows for the division or sale of the property, ensuring a fair resolution for all parties involved. The two main types of complaints are Complaint for Partition by Sale and Complaint for Partition in Kind.
